Legal Question in Wills and Trusts in New York

Re: Co-Administrator Fees

In the usual case, the maximum commission charged to an estate is two statutory commissions. If there is one executor, one commission is paid; if there are two executors, two commissions are paid, one to each executor; and if there are three or more executors an amount equal to two commissions is divided equally among them.

Legal fees are based on services performed. A very rough rule of thumb is that the legal fee for the counsel to the executors is equal to one executor's commission. If there is more than one counsel, the fee is divided based on services performed.

Re: Co-Administrator Fees

I generally agree with Norman. However, the Executors' fees can be allocated among them as they decide. Sometimes one Executor does more work than another, and is compensated disproportionately. Attorneys' fees are usually based upon services rendered, so they could also be disproportionate. If there are any disputes, a Court could be asked to intercede and decide who gets what.